Should domestic security considerations trump free speech when it comes to an ad a group wants to place in the Metro system?

A federal judge heard arguments on that very issue yesterday, reports the Examiner, and is expected to rule on whether an ad supporting Israel and pledging to “defeat jihad” that has appeared in New York’s subway system should similarly appear in Metro.

The ad, purchased by the American Freedom Defense Initiative and slated to run through October, states: “In Any War Between the Civilized Man and the Savage, Support the Civilized Man. Support Israel. Defeat Jihad.”

Despite a New York court ruling that the ads are protected speech, Metro officials on Thursday asked for their placement to be delayed due to concerns expressed by three federal agencies over security concerns:

Metro attorney Phillip Staub said the system’s priority was to avoid becoming a terrorism target or incite riders to fight on platforms near deadly moving trains. Calling the ads a “gamble with public safety,” Staub told the court, “We don’t agree the First Amendment requires us to do that.”

The judge will have to weigh whether the ads constitute hate speech or fighting words that can be blocked, or if they are simply protected speech.

In the wake of the ads placements in New York, the subway system recently changed its policies to ban ads that would “incite or provoke violence.” The ads in New York have only produced minor vandalism, though, and will remain up.

This isn’t the first time this year that there has been controversy over an ad in Metro. In February, a Virginia congressman demanded that Metro remove an ad telling President Barack Obama to “go to hell.”